By: Nelson S.B. No. 2178
A BILL TO BE ENTITLED
AN ACT
relating to state fiscal matters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PUBLIC EDUCATION
SECTION 1.01. This article applies to any state agency,
school, or other entity, other than an institution of higher
education, that receives an appropriation under Article III of the
General Appropriations Act.
SECTION 1.02. Notwithstanding any other statute of this
state, each entity to which this article applies is authorized to
reduce or recover expenditures by:
(1) consolidating any reports or publications the
entity is required to make and filing or delivering any of those
reports or publications exclusively by electronic means;
(2) extending the effective period of any license,
permit, or registration the entity grants or administers;
(3) entering into a contract with another governmental
entity or with a private vendor to carry out any of the entity's
duties;
(4) providing that any communication between the
entity and another person and any document required to be delivered
to or by the entity, including any application, notice, billing
statement, receipt, or certificate, may be made or delivered by
e-mail or through the Internet; and
(5) adopting and collecting fees or charges to cover
any costs the entity incurs in performing its lawful functions.
SECTION 1.03. An employee of a state agency, school, or
other entity other than an institution of higher education, that
receives an appropriation under Article III of the General
Appropriations Act, is not entitled to an amount from the state for
expenses, per diem, travel, or salary that exceeds the amount
authorized for those purposes by the General Appropriations Act.
SECTION 1.04. An employee of a state agency, school, or
other entity other than an institution of higher education, that
receives an appropriation under Article III of the General
Appropriations Act, is not entitled to an amount from the state for
a salary, a salary supplement, office expenses or reimbursement of
office expenses, or travel that exceeds the amount authorized for
those purposes by the General Appropriations Act.
SECTION 1.05. An employee of an agency or other entity
appropriated funds under Article III of the General Appropriations
Act other than an institution of higher education is not entitled to
an amount from the state for expenses, per diem, travel, or salary
that exceeds the amount authorized for those purposes by the
General Appropriations Act.
ARTICLE 2. HEALTH AND HUMAN SERVICES
SECTION 2.01. This article applies to any state agency that
receives an appropriation under Article II of the General
Appropriations Act and to any program administered by any of those
agencies.
SECTION 2.02. Notwithstanding any other statute of this
state, each state agency to which this article applies is
authorized to reduce or recover expenditures by:
(1) consolidating any reports or publications the
agency is required to make and filing or delivering any of those
reports or publications exclusively by electronic means;
(2) extending the effective period of any license,
permit, or registration the agency grants or administers;
(3) entering into a contract with another governmental
entity or with a private vendor to carry out any of the agency's
duties;
(4) adopting additional eligibility requirements
consistent with federal law for persons who receive benefits under
any law the agency administers to ensure that those benefits are
received by the most deserving persons consistent with the purposes
for which the benefits are provided, including under the following
laws:
(A) Chapter 62, Health and Safety Code (child
health plan program);
(B) Chapter 31, Human Resources Code (temporary
assistance for needy families program);
(C) Chapter 32, Human Resources Code (Medicaid
program);
(D) Chapter 33, Human Resources Code
(supplemental nutrition assistance and other nutritional
assistance programs); and
(E) Chapter 533, Government Code (Medicaid
managed care);
(5) providing that any communication between the
agency and another person and any document required to be delivered
to or by the agency, including any application, notice, billing
statement, receipt, or certificate, may be made or delivered by
e-mail or through the Internet;
(6) adopting and collecting fees or charges to cover
any costs the agency incurs in performing its lawful functions; and
(7) modifying and streamlining processes used in:
(A) the conduct of eligibility determinations
for programs listed in Subdivision (4) of this subsection by or
under the direction of the Health and Human Services Commission;
(B) the provision of child and adult protective
services by the Department of Family and Protective Services;
(C) the provision of services for the aging and
disabled by the Health and Human Services Commission;
(D) the provision of services to children and
other persons with disabilities by the Health and Human Services
Commission;
(E) the provision of community health services,
consumer protection services, mental health services, and hospital
facilities and services by the Department of State Health Services;
and
(F) the provision or administration of other
services provided or programs operated by the Health and Human
Services Commission or a health and human services agency, as
defined by Section 531.001, Government Code.
SECTION 2.03. A health and human services employee is not
entitled to an amount from the state for expenses, per diem, travel,
or salary that exceeds the amount authorized for those purposes by
the General Appropriations Act.
SECTION 2.04. A health and human services employee is not
entitled to an amount from the state for a salary, a salary
supplement, office expenses or reimbursement of office expenses, or
travel that exceeds the amount authorized for those purposes by the
General Appropriations Act.
SECTION 2.05. If before implementing any provision of this
article a state agency determines that a waiver or authorization
from a federal agency is necessary for implementation of that
provision, the agency affected by the provision shall request the
waiver or authorization and may delay implementing that provision
until the waiver or authorization is granted.
ARTICLE 3. ARTICLE VII AGENCIES
SECTION 3.01. This article applies to any state agency that
receives an appropriation under Article VII of the General
Appropriations Act.
SECTION 3.02. Notwithstanding any other statute of this
state, each state agency to which this article applies is
authorized to reduce or recover expenditures by:
(1) consolidating any reports or publications the
agency is required to make and filing or delivering any of those
reports or publications exclusively by electronic means;
(2) extending the effective period of any license,
permit, or registration the agency grants or administers;
(3) entering into a contract with another governmental
entity or with a private vendor to carry out any of the agency's
duties;
(4) adopting additional eligibility requirements for
persons who receive benefits under any law the agency administers
to ensure that those benefits are received by the most deserving
persons consistent with the purposes for which the benefits are
provided;
(5) providing that any communication between the
agency and another person and any document required to be delivered
to or by the agency, including any application, notice, billing
statement, receipt, or certificate, may be made or delivered by
e-mail or through the Internet; and
(6) adopting and collecting fees or charges to cover
any costs the agency incurs in performing its lawful functions.
SECTION 3.03. An employee of an agency appropriated funds
under Article VII of the General Appropriations Act is not entitled
to an amount from the state for expenses, per diem, travel, or
salary that exceeds the amount authorized for those purposes by the
General Appropriations Act.
SECTION 3.04. An employee of an agency appropriated funds
under Article VII of the General Appropriations Act is not entitled
to an amount from the state for a salary, a salary supplement,
office expenses or reimbursement of office expenses, or travel that
exceeds the amount authorized for those purposes by the General
Appropriations Act.
SECTION 3.05. Section 201.601, Transportation Code, is
amended by adding Subsection (g) to read as follows:
(g) The plan must include a component that evaluates future
federal funding opportunities for all modes of transportation and
identifies actions necessary to maximize the total amount of
federal funds received in the future for transportation
improvements in this state.
SECTION 3.06. Subchapter H, Chapter 201, Transportation
Code, is amended by adding Section 201.623 to read as follows:
Sec. 201.623. COOPERATION WITH LOCAL PLANNING ENTITIES TO
MAXIMIZE FEDERAL FUNDING FOR PROJECTS. The department shall work
and plan with local transportation planning entities to maximize
the amount of federal funding awarded for projects in this state by
identifying and pursuing projects that are eligible for federal
grant programs, including the scenic byways program.
SECTION 3.07. Subchapter A, Chapter 623, Transportation
Code, is amended by adding Section 623.002 to read as follows:
Sec. 623.004. EVALUATION OF PERMIT FEES. (a) The
department shall evaluate highway use in this state by oversize or
overweight vehicles, calculate the cost of damage to highways in
this state caused by those vehicles, and determine whether:
(1) the fees charged for permits issued under this
chapter are adequate to offset the costs of damage to highways
caused by those vehicles and recommend any fee adjustments for the
permits to reflect the costs of damage to highways caused by those
vehicles; and
(2) vehicles currently exempt from permit
requirements under this chapter should be required to obtain a
permit to operate on roads or highways in this state.
(b) Not later than October 1 of each even-numbered year, the
department shall report its findings to:
(1) the Legislative Budget Board; and
(2) the governor.
SECTION 3.08. Section 623.077, Transportation Code, is
amended to read as follows:
Sec. 623.077. HIGHWAY MAINTENANCE FEE. (a) An applicant
for a permit under this subchapter, other than a permit under
Section 623.071(c)(3), must also pay a highway maintenance fee in
an amount determined according to vehicle weight and distance
traveled. [the following table:
[Vehicle Weight in Pounds Fee [Vehicle Weight in Pounds Fee
[Vehicle Weight in Pounds Fee
[80,001 to 120,000 $150 [80,001 to 120,000 $150
[80,001 to 120,000 $150
[120,001 to 160,000 $225 [120,001 to 160,000 $225
[120,001 to 160,000 $225
[160,001 to 200,000 $300 [160,001 to 200,000 $300
[160,001 to 200,000 $300
[200,001 and above $375] [200,001 and above $375]
[200,001 and above $375]
(b) The department shall adopt rules to implement this
section and establish a schedule of rates, based on miles traveled,
for all vehicle weight categories that provides for an increase in
the rates according to the weight of a vehicle.
(c) The department shall send each fee collected under
Subsection (a) to the comptroller, who shall deposit:
(1) 90 percent of the fee to the credit of the state
highway fund; and
(2) 10 percent of the fee to the credit of the Texas
Department of Motor Vehicles fund.
SECTION 3.09. (a) The Texas Department of Transportation
shall adopt rules implementing Section 623.077, Transportation
Code, as amended by this article, not later than January 1, 2020.
(b) Section 623.077(a), Transportation Code, as amended by
this article, applies only to an application for a permit submitted
under Subchapter D, Chapter 623, Transportation Code, to the Texas
Department of Transportation on or after January 1, 2020. An
application for a permit submitted before January 1, 2020, is
governed by the law in effect on the date the application was
submitted, and that law is continued in effect for that purpose.
ARTICLE 4. GENERAL GOVERNMENT
SECTION 4.01. This article applies to any state agency that
receives an appropriation under Article I of the General
Appropriations Act.
SECTION 4.02. Notwithstanding any other statute of this
state, each state agency to which this article applies is
authorized to reduce or recover expenditures by:
(1) consolidating any reports or publications the
agency is required to make and filing or delivering any of those
reports or publications exclusively by electronic means;
(2) extending the effective period of any license,
permit, or registration the agency grants or administers;
(3) entering into a contract with another governmental
entity or with a private vendor to carry out any of the agency's
duties;
(4) adopting additional eligibility requirements for
persons who receive benefits under any law the agency administers
to ensure that those benefits are received by the most deserving
persons consistent with the purposes for which the benefits are
provided;
(5) providing that any communication between the
agency and another person and any document required to be delivered
to or by the agency, including any application, notice, billing
statement, receipt, or certificate, may be made or delivered by
e-mail or through the Internet; and
(6) adopting and collecting fees or charges to cover
any costs the agency incurs in performing its lawful functions.
SECTION 4.03. An employee of an agency appropriated funds
under Article I of the General Appropriations Act is not entitled to
an amount from the state for expenses, per diem, travel, or salary
that exceeds the amount authorized for those purposes by the
General Appropriations Act.
SECTION 4.04. An employee of an agency appropriated funds
under Article I of the General Appropriations Act is not entitled to
an amount from the state for a salary, a salary supplement, office
expenses or reimbursement of office expenses, or travel that
exceeds the amount authorized for those purposes by the General
Appropriations Act.
SECTION 4.05. Chapter 1231, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. LIMIT ON STATE DEBT PAYABLE FROM GENERAL REVENUE FUND
Sec. 1231.151. DEFINITIONS. In this subchapter:
(1) "Maximum annual debt service" means the limitation
on annual debt service imposed by Section 49-j(a), Article III,
Texas Constitution.
(2) "State debt payable from the general revenue fund"
has the meaning assigned by Section 49-j(b), Article III, Texas
Constitution.
(3) "Unissued debt" means state debt payable from the
general revenue fund that has been authorized but not issued.
Sec. 1231.152. COMPUTATION OF DEBT LIMIT. In computing the
annual debt service in a state fiscal year on state debt payable
from the general revenue fund for purposes of determining whether
additional state debt may be authorized without exceeding the
maximum annual debt service, the board may employ any assumptions
related to unissued debt that the board determines are necessary to
reflect common or standard debt issuance practices authorized by
law, including assumptions regarding:
(1) interest rates;
(2) debt maturity; and
(3) debt service payment structures.
Sec. 1231.153. REPORT ON COMPUTATION. (a) The board shall
publish during each state fiscal year a report providing a detailed
description of the method used to compute the annual debt service in
that fiscal year on state debt payable from the general revenue fund
for purposes of determining whether additional state debt may be
authorized. The report must describe:
(1) the debt service included in the computation,
including debt service on issued and unissued debt;
(2) the assumptions on which the debt service on
unissued debt was based; and
(3) any other factors required by law that affect the
computation.
(b) The board may publish the report required by this
section as a component of any other report required by law,
including the annual report required by Section 1231.102, or as an
independent report. The board shall make the report available to
the public.
SECTION 4.06. The Bond Review Board shall publish the
initial report required by Section 1231.153, Government Code, as
added by this article, during the state fiscal year beginning
September 1, 2019.
SECTION 4.07. Subchapter A, Chapter 2176, Government Code,
is amended by adding Section 2176.007 to read as follows:
Sec. 2176.007. COMPTROLLER STUDY ON MAIL OPERATIONS. (a)
The comptroller shall conduct a study on the mail operations of each
state agency in the executive branch of state government that
receives an appropriation made under Article I of the General
Appropriations Act. The study must identify provisions of law
relating to the mailing requirements for the agency that impede the
efficient transmission and receipt of documents by the agency.
(b) In conducting the study, the comptroller shall
collaborate with other state agencies to consider the needs or
concerns specific to those agencies.
(c) Not later than November 1, 2020, the comptroller shall
post the findings of the study conducted under this section on the
comptroller's Internet website.
(d) This section expires September 1, 2021.
SECTION 4.08. Section 2054.380(b), Government Code, is
amended to read as follows:
(b) Revenue derived from the collection of fees imposed
under Subsection (a) may be appropriated to the department for:
(1) developing statewide information resources
technology policies and planning under this chapter and Chapter
2059; and
(2) providing shared information resources technology
services [under this chapter].
SECTION 4.09. Section 2157.068(d), Government Code, is
amended to read as follows:
(d) The department may charge a reasonable administrative
fee to a state agency, political subdivision of this state, or
governmental entity of another state that purchases commodity items
through the department in an amount that is sufficient to recover
costs associated with the administration of this section. Revenue
derived from the collection of fees imposed under this subsection
may be appropriated to the department for:
(1) developing statewide information resources
technology policies and planning [under Chapters 2054 and 2059];
and
(2) providing shared information resources technology
services [under Chapter 2054].
SECTION 4.10. Section 2170.057(d), Government Code, is
amended to read as follows:
(d) The department shall maintain in the revolving fund
account sufficient amounts to pay the bills of the consolidated
telecommunications system and the centralized capitol complex
telephone system. The department shall certify amounts that exceed
this amount to the comptroller, and the comptroller shall transfer
the excess amounts to the credit of the general revenue fund.
ARTICLE 5. FUNDS, ACCOUNTS, AND DEDICATIONS
SECTION 5.01. DEFINITION. In any provision of this Act
that does not amend current law, "state agency" means an office,
institution, or other agency that is in the executive branch or the
judicial branch of state government, has authority that is not
limited to a geographical portion of the state, and was created by
the constitution or a statute of this state. The term does not
include an institution of higher education as defined by Section
61.003, Education Code.
SECTION 5.02. ABOLITION OF FUNDS, ACCOUNTS, AND
DEDICATIONS. Except as otherwise specifically provided by this Act,
all funds and accounts created or re-created by an Act of the 86th
Legislature, Regular Session, 2019, that becomes law and all
dedications or rededications of revenue collected by a state agency
for a particular purpose by an Act of the 86th Legislature, Regular
Session, 2019, that becomes law are abolished on the later of August
31, 2019, or the date the Act creating or re-creating the fund or
account or dedicating or rededicating revenue takes effect.
SECTION 5.03. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
ACCOUNTS. Section 5.02 of this Article does not apply to:
(1) statutory dedications, funds, and accounts that
were enacted before the 86th Legislature convened to comply with
requirements of state constitutional or federal law;
(2) dedications, funds, or accounts that remained
exempt from former Section 403.094(h), Government Code, at the time
dedications, accounts, and funds were abolished under that
provision;
(3) increases in fees or in other revenue dedicated as
described by this section; or
(4) increases in fees or in other revenue required to
be deposited in a fund or account described by this section.
SECTION 5.04. FEDERAL FUNDS. Section 5.02 of this Article
does not apply to funds created under an Act of the 86th
Legislature, Regular Session, 2019, for which separate accounting
is required by federal law, except that the funds shall be deposited
in accounts in the general revenue fund unless otherwise required
by federal law.
SECTION 5.05. TRUST FUNDS. Section 5.02 of this Article
does not apply to trust funds or dedicated revenue deposited to
trust funds created under an Act of the 86th Legislature, Regular
Session, 2019, except that the trust funds shall be held in the
state treasury, with the comptroller in trust, or outside the state
treasury with the comptroller's approval.
SECTION 5.06. BOND FUNDS. Section 5.02 of this Article does
not apply to bond funds and pledged funds created or affected by an
Act of the 86th Legislature, Regular Session, 2019, except that the
funds shall be held in the state treasury, with the comptroller in
trust, or outside the state treasury with the comptroller's
approval.
SECTION 5.07. CONSTITUTIONAL FUNDS. Section 5.02 of this
Act
does not apply to funds or accounts that would be created or
re-created by the Texas Constitution or revenue that would be
dedicated or rededicated by the Texas Constitution under a
constitutional amendment proposed by the 86th Legislature, Regular
Session, 2019, or to dedicated revenue deposited to funds or
accounts that would be so created or re-created, if the
constitutional amendment is approved by the voters.
SECTION 5.08. ADDITIONAL USES FOR DEDICATED FUNDS OR ACCOUNTS.
Section 5.02 of this Act does not apply to a newly authorized use of
a dedicated fund or dedicated account as provided by an Act of the
86th Legislature, Regular Session, 2019, to the extent:
(1) the fund or account was exempted from abolition by
an Act of the legislature that became law before January 1, 2019;
and
(2) the newly authorized use is within the scope of the
original dedication of the fund or account.
SECTION 5.09. REALLOCATION OF INTEREST ACCRUED ON CERTAIN
DEDICATED REVENUE. Effective September 1, 2019, Section 403.0956,
Government Code, is reenacted to read as follows:
Sec. 403.0956. REALLOCATION OF INTEREST ACCRUED ON CERTAIN
DEDICATED REVENUE. Notwithstanding any other law, all interest or
other earnings that accrue on all revenue held in an account in the
general revenue fund any part of which Section 403.095 makes
available for certification under Section 403.121 are available for
any general governmental purpose, and the comptroller shall deposit
the interest and earnings to the credit of the general revenue
fund. This section does not apply to:
(1) interest or earnings on revenue deposited in
accordance with Section 51.008, Education Code;
(2) an account that accrues interest or other earnings
on deposits of state or federal money the diversion of which is
specifically excluded by federal law;
(3) the lifetime license endowment account;
(4) the game, fish, and water safety account;
(5) the coastal protection account;
(6) the Alamo complex account; or
(7) the artificial reef account.
SECTION 5.10. AMENDMENT OF SECTION 403.095, GOVERNMENT
CODE. Effective September 1, 2019, Sections 403.095(b), (d), and
(f), Government Code, are amended to read as follows:
(b) Notwithstanding any law dedicating or setting aside
revenue for a particular purpose or entity, dedicated revenues that
on August 31, 2021 [2019], are estimated to exceed the amount
appropriated by the General Appropriations Act or other laws
enacted by the 86th [85th] Legislature are available for general
governmental purposes and are considered available for the purpose
of certification under Section 403.121.
(d) Following certification of the General Appropriations
Act and other appropriations measures enacted by the 86th [85th]
Legislature, the comptroller shall reduce each dedicated account as
directed by the legislature by an amount that may not exceed the
amount by which estimated revenues and unobligated balances exceed
appropriations. The reductions may be made in the amounts and at
the times necessary for cash flow considerations to allow all the
dedicated accounts to maintain adequate cash balances to transact
routine business. The legislature may authorize, in the General
Appropriations Act, the temporary delay of the excess balance
reduction required under this subsection. This subsection does not
apply to revenues or balances in:
(1) funds outside the treasury;
(2) trust funds, which for purposes of this section
include funds that may or are required to be used in whole or in part
for the acquisition, development, construction, or maintenance of
state and local government infrastructures, recreational
facilities, or natural resource conservation facilities;
(3) funds created by the constitution or a court; or
(4) funds for which separate accounting is required by
federal law.
(f) This section expires September 1, 2021 [2019].
SECTION 5.11. AMENDMENT OF SECTION 504.6012,
TRANSPORTATION CODE. Effective September 1, 2019, Section
504.6012, Transportation Code, is amended to read as follows:
Sec. 504.6012. ELIMINATION OF DEDICATED REVENUE ACCOUNTS;
REVENUES IN TRUST. (a) Notwithstanding any other law, not later
than September 30, 2019 [2015], the comptroller shall eliminate all
dedicated accounts established for specialty license plates and
shall set aside the balances of those dedicated accounts so that the
balances may be appropriated only for the purposes intended as
provided by the dedications.
(b) On and after September 1, 2019 [2015], the portion of a
fee payable that is designated for deposit to a dedicated account
shall be paid instead to the credit of an account in a trust fund
created by the comptroller outside the general revenue fund. The
comptroller shall administer the trust fund and accounts and may
allocate the corpus and earnings on each account only in accordance
with the dedications of the revenue deposited to the trust fund
accounts.
SECTION 5.10. EFFECT OF ACT.
(a) This Act prevails over any other Act of the 86th
Legislature, Regular Session, 2019, regardless of the relative
dates of enactment, that purports to create or re-create a special
fund or account or to dedicate or rededicate revenue to a particular
purpose, including any fund, account, or revenue dedication
abolished under former Section 403.094, Government Code.
(b) An exemption from the application of Section 403.095,
Government Code, contained in another Act of the 86th Legislature,
Regular Session, 2019, that is exempted from the application of
Section 2 of this Act has no effect.
(c) Revenue that, under the terms of another Act of the 86th
Legislature, Regular Session, 2019, would be deposited to the
credit of a special account or fund shall be deposited to the credit
of the undedicated portion of the general revenue fund unless the
fund, account, or dedication is exempted under this Act.
ARTICLE 6. EFFECTIVE DATE.
SECTION 6.01. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect on the 91st day after the last day of
the legislative session.
[Vehicle Weight in Pounds Fee
[80,001 to 120,000 $150
[120,001 to 160,000 $225
[160,001 to 200,000 $300
[200,001 and above $375]